HARTFORD, Conn. – Suing the U.S. Postal Service over mail issues like loss, delays, or mishandling has traditionally been a challenging endeavor. However, a case currently before the U.S. Supreme Court could change that narrative. At the heart of the case is a Texas landlord who claims her mail was intentionally withheld for two years, potentially paving the way for a re-evaluation of the Postal Service’s legal immunity.

This case has raised concerns within the Postal Service, particularly as it faces financial struggles. Officials worry it may open floodgates to numerous lawsuits over the all-too-common issue of missing mail — a situation that becomes even more pronounced during the holiday season. During this period, billions of pieces of mail, ranging from cherished Christmas cards to Black Friday shopping orders, are sent and received.

The legal debate centers around whether the Postal Service should continue to enjoy its special exemption under the Federal Tort Claims Act in situations where postal workers intentionally fail to deliver mail. This exemption currently shields the Postal Service from many lawsuits that could arise from its employees’ actions.

Frederick Liu, an assistant to the Solicitor General at the Department of Justice, highlighted potential repercussions during oral arguments last month. He cautioned that if the landlord prevails, it might lead to an influx of lawsuits based on perceived grievances, such as a derogatory comment or other subjective interpretations affecting mail delivery.

Under federal tort law, individuals have the right to sue the government for monetary compensation if a federal employee acts negligently and causes harm or property damage. This case could redefine how these laws apply to the Postal Service, potentially altering the landscape of accountability for mail delivery in the U.S.

But Congress created multiple exceptions to the law, including one for the Postal Service, shielding it from lawsuits over missing or late mail. The exception says the post office can’t be sued for “loss, miscarriage or negligent transmission of letters or postal matter.” Definitions of those words have become the crux of the case before the Supreme Court.

Last month, some justices appeared to question the government’s claim that USPS is shielded from such lawsuits. But concern was expressed about opening the doors to frivolous litigation. Justice Samuel Alito suggested people might believe carriers intentionally didn’t deliver mail because they didn’t receive a tip at Christmas or they were scared by a “big dog that ran up to the door.”

“What will the consequences be if all these suits are filed and they have to be litigated?” Alito asked. “Is the cost of a first-class letter going to be $3 now?”

A two-year battle over missing mail

Easha Anand, a lawyer for the landlord, has accused the government of “fearmongering about endless litigation.” She argued it’s unusual for someone to experience the level of mistreatment Lebene Konan did and contends the USPS would still retain immunity for most postal matter-related harms even if the court rules in the landlord’s favor.

“These sorts of allegations, I think, will be rare,” she said in court.

Konan, a landlord, real estate agent and insurance agent, claims two employees at a post office in Euless, Texas, part of the Dallas-Fort Worth metroplex, deliberately didn’t deliver mail belonging to her and her tenants because she alleges they didn’t like that she is Black and owns multiple properties.

According to court documents, the dispute began when Konan discovered the mailbox key for one of her rental properties had been changed without her knowledge, preventing her from collecting and distributing tenants’ mail from the box. When she contacted the local post office, she was told she wouldn’t receive a new key or regular delivery until she proved she owned the property. She did so, the documents say, but the mail problems continued, despite the USPS Inspector General instructing the mail to be delivered.

Konan alleges the employees marked some of the mail as undeliverable or return to sender. Konan and her tenants failed to receive important mail such as bills, medications and car titles, according to the lawsuit. Konan also claims she lost rental income because some tenants moved out due to the situation.

After filing dozens of complaints with postal officials, Konan finally filed a lawsuit under the 1946 Federal Tort Claims Act (FTCA), which has now made its way to the nation’s highest court. A decision in the case is expected to be issued next year.

Konan, reached by email, declined to comment while the case was still pending, on advice of her lawyer.

Does the postal exemption apply or not?

While a federal district court in Texas dismissed Konan’s FTCA claims, arguing they fell under the postal exemption, the U.S. Court of Appeals for the Fifth Circuit reversed part of that decision last year.

The judges disagreed with the lower court’s determination that Konan’s claims were precluded because they arose out of a “loss” or a “miscarriage.” Rather, the judges said Konan’s case doesn’t fall into one of those “limited situations” because it involved the intentional act of not delivering the mail.

“Because the conduct alleged in this case does not fall squarely within the exceptions for ‘loss, miscarriage, or negligent transmission,’ sovereign immunity does not bar Konan’s FTCA claims,” the judges wrote.

The appellate court sided with the lower court’s decision to dismiss Konan’s separate claim against the individual postal workers.

The USPS, which declined to comment, appealed the case to the U.S. Supreme Court.

Kevin Kosar, a senior fellow at the American Enterprise Institute, a public policy think tank, who studies postal matters, said he believes it’s incorrect for the government to argue the postal exemption covers the intentional failure to deliver mail.

Kosar said he also doubts there will be a deluge of lawsuits if the court rules narrowly in the case, questioning whether aggrieved postal customers could even find an attorney willing to sue the USPS.

He asked: “What lawyer, for example, wants to file a suit and spends years in the courts because someone spent 78 cents on a first-class stamp and their letter got lost?”